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2015 DIGILAW 1777 (ALL)

Jhallar @ Mubarak v. State of U. P

2015-07-07

ADITYA NATH MITTAL

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JUDGMENT Aditya Nath Mittal, J. Heard learned counsel for the petitioners learned AGA and perused the record. 2. This petition under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet No.85 of 2007 dated 27.09.2007 under sections 147, 323, 336, 436, 506 IPC arising out of case crime no.434 of 2007 and also the order dated 19.02.2015 issued by the Additional Chief Judicial Magistrate, Bahraich. 3. Learned counsel for the petitioners has submitted that on one day, the petitioners could not appear before the court below. Therefore, the non-bailable warrant has been issued, although they were previously released on bail by order dated 07.09.2007. It has also been submitted that section 436 IPC has been added subsequently for which they are ready to furnish the bail bonds. 4. Learned AGA has opposed the petition. The writ petition is disposed of with direction that if the petitioners surrender before the court below within fifteen days from today and moves an application for bail, the same shall be considered and disposed of expeditiously in accordance with law and in terms of law laid down in the case Smt. Amrawati and another vs. State of U.P., 2005; Cr.L.J.755, which has been affirmed by Hon'ble the Apex Court in Lal Kamlendra Pratap Singh vs. State of Uttar Pradesh and Ors. reported in (2009) 4 SCC 437 . 5. With the aforesaid observations and directions, the instant petition is disposed of.